Flightsmyway Terms and Conditions

Kindly read the terms and conditions carefully as they are a part of your contract for any trip you book through Flightsmyway or opt any related services. Should you have queries, please don’t hesitate to get in touch with us.

Passenger refers to the person booking the travel or related services. The responsibility lies solely with the passenger to inform other party members of the travel group the content of these terms and conditions. By accepting the recipient and making payment to Flightsmyway, the passenger agrees and acknowledges that they have read and understood the terms and conditions listed herein.

Booking Accuracy and Legal Names

The passenger has the responsibility to check and verify passenger names, email address, mailing address, date of birth, telephone number, pricing, accommodation, arrival and departure airports and organized activities, among others, on the booking receipt. If there are omissions or inaccuracy, the booking passenger should notify Flightsmyway.com immediately.

The passenger accepts full and sole responsibility for any risk and or cost involved if they fail to report omissions and errors. The passenger has to verify the first and last legal names of all members traveling in the group. It is mandatory that the names of the group members should match the legal names listed in the booking and all travel documents.

Travel Documents

The sole responsibility to confirm required travel documentation lies with the passenger. The passenger also assumes the responsibility to release Flightsmyway from any claims or responsibility for damage(s) incurred if other passengers in the group fail to comply with the documentation requirements.

Flightsmyway.com advises passenger(s) to check the appropriate domestic and foreign government agencies for the current requirements for travel documents.

For passport, health, and visa requirements and travel advisories:

For US Citizens: http://travel.state.gov

US Center for Disease Control for required vaccinations: http://www.cdc.gov/travel

Visa information for US citizens: http://www.travel.state.gov/travel/cis_pa_tw/cis/cis_4965.html

(Examples of countries requiring Visas: Australia, Brazil, China, Egypt, India, Russia, & Turkey)

For Canadian citizens: http://www.ppt.gc.ca

Important Note:

This is not a comprehensive list of reference sites. This list is provided solely for your convenience. The sites mentioned in the list are owned and operated by third parties. Hence, URLs can alter anytime without prior notice.

Payments

Flightsmyway accepts Visa, American Express, MasterCard and Discover. Flightsmyway withholds reservations until deposit due date listed in the confirmation. If deposit or payment is not received on or before deposit due date, any reservation will be automatically cancelled. Failure to make the necessary payments on time will put the booking at risk of cancellation. Please contact Flightsmyway right away and before the deposit due date if you are unable to make the payment. Without limitation, passenger will not hold Flightsmyway liable for cancellation of booking due to late payment or declination of credit card.

Pricing

Prices offered by Flightsmyway.com are not guaranteed until the passenger makes full payment. Pricing may change anytime, without prior notice. Passenger will not hold Flightsmyway.com responsible for any omission and error in quotes and advertisements that lead to discrepancy in content, inventory or pricing. Also, Flightsmyway is not responsible for any omission or error due to incorrect information provided by third party. Suppliers, who constitute third party, have the right to not honor published prices if they determine that it is erroneous as a result of clerical, electronic or printing error. You acknowledge that you will not hold Flightsmyway liable for any damages that arise due to supplier pricing.

Flightsmyway.com has the right to charge passenger additional amount if there is an increase in taxes, surcharges and fees. The passenger acknowledges this right and agrees to pay any additional amount for increased taxes, surcharge and fees.

Airfare

A. General Conditions Governing Air Transport

Airline tickets are restrictive, non-transferable and non-refundable. Changes in the passenger name, dates, times, routes and/or departure and arrival airports are at the discretion of the airline and if allowed, may be subject to change fee. Passenger is liable for any fee levied by the airline.

Flightsmyway.com acts merely as an intermediary to facilitate purchase of air ticket for the passenger from the airline. Once a passenger books a reservation, their credit or debit card will be charged for the said amount, even if the passenger decides not to use the reservation. No credit will be given for unused airline ticket and credit cannot be used for any future booking.

Airline tickets will be issued for economy class unless specified otherwise by the passenger. Travel will be round-trip unless the passenger specifies otherwise. Seat allocation is based on airline policies, and may not occur until the passenger reaches the airport on the day and time of departure. Airline tickets that a passenger books via Flightsmyway may not necessarily be entitled to frequent flier miles. The passenger agrees to confirm the booking directly with the airline before the date of departure. Flightsmyway.com recommends confirming the departure at least 72 hours in advance.

Direct flights can be non-stop flights or can involve one or more stopovers, with the airline and flight being the same. The same logic applies to connecting flights, with the crew being changed.

When you reserve a flight that has a stopover and the second flight takes off from an airport that is different from the arrival airport, it is the passenger’s responsibility to ensure there is sufficient time to go from one airport to the other. The cost of this journey has to be borne by the passenger and Flightsmyway.com will not reimburse the passenger the cost of going from the first airport to the second airport. Also, Flightsmyway will not be liable if the passenger misses their second flight.

When it comes to air travel, Flightsmyway’s responsibilities are limited by the airline’s conditions of carriage. The airline meeting your contract for carriage may change from one specified by Flightsmyway. Also, Flightsmyway.com is not in a position to specifically state the kind of aircraft the airline will be using. If an airline cancels or delays the flight, the passenger has to coordinate directly with the airline to ensure they arrive at their destination on time. Flightsmyway will not issue any type of refund for trips that are missed in part or full.

B. Prohibited Practices

The passenger agrees not to deviate from the booking they have made by making unscheduled stopovers. Passengers cannot purchase and use fare from the initial point of departure before their actual point or distant point of origin of travel in a bid to reduce or lower the fare. This practice is known as Hidden City Ticketing or Point Beyond Ticketing and is prohibited.

Purchasing and using round trip ticket for one way travel is also prohibited. Using two or more different tickets with the aim to go around applicable rules is also prohibited.

When a ticket is purchase and used, violating these rules of travel, Flightsmyway and the airline have the sole discretion and rights to take necessary action, as allowed by law. These actions include, but not limited to, the following:

Invalidating the ticket

Cancelling the remainder of the itinerary

Confiscating the unused ticket

Disallowing boarding of the passenger and carrying the passenger’s baggage

Assessing the actual value of the ticket which will be the difference between the lowest fare and the actual fare the passenger paid

Deleting miles from the passenger’s frequent flyer account; or terminating the passenger’s participation in the frequent flyer program

Taking legal action against the passenger

C. Loss of Air Tickets

The passenger agrees to safeguard their ticket if a paper ticket is issued by the airline. And, the passenger will bear the cost associated with the loss or theft of the ticket. If the passenger loses their ticket, Flightsmyway advises them to report the loss or theft to the police and the airline right away.

D. Luggage

Every airline has its own policy for baggage. Flightsmyway recommends passenger check with the airline they are booked on in advance to find out weight restrictions and additional charges for check-in baggage. The passenger is responsible for paying the airline any additional charges for check-in baggage that is overweight, including oversized luggage and golf bags. If the passenger’s baggage exceeds the prescribe weight limit, the passenger has to pay the airline directly at the airport for the excess weight.

The airline is liable for the baggage and will compensate the passenger based on relevant statutes and international conventions. If the baggage is damaged, lost, stolen or late in arrival, the passenger has to get in touch with the airline and declare the damage, loss or missing personal effects before leaving from the airport. Thereafter, the passenger has to submit a declaration and attach all relevant documents, like travel ticket and baggage check-in slip. Flightsmyway.com recommends passengers to get an insurance policy to cover the value of the items they are carrying.

E. Limitation of Liability for Air Transport

Besides the limitation of liability mentioned above, the passenger agrees that Flightsmyway is not liable for any damages that occur due to changes in the airline timetable, delays, missed connections, cancellations, mechanical problems, seating reassignments, lost or delayed baggage, mechanical problems, screening and security delays, inclement weather, failure to check-in correctly and refused boarding.

Accommodation and Activities

Accommodation refers to lodging provided to travellers and covers hotels, condos, cabins in cruise ships, time shares, camp grounds, motels and resorts.

A. Accommodation Classification

The stars given to a hotel and other accommodation providers is mentioned by Flightsmyway.com and function as a reference point based on the standard prevailing in the host nation. The accommodation and stars can vary from one country to the other. The comments mentioned in Flightsmyway descriptions are based on the agency’s knowledge of the hotel and the feedback received from customers. Flightsmyway does not guarantee the suitability or available of the accommodation. If a particular accommodation is unavailable for some reason, Flightsmyway.com will reserve comparable accommodation if possible.

Flightsmyway reserves the right in case of force majeure or actions by third parties to replace the planned hotel with accommodation that is comparable and offers similar services. This would be the case in exceptional circumstances and should it happen, Flightsmyway will inform the passenger the moment they come to know of it.

B. Taking Possession Of and Vacating the Room

Check-in and check-out policies vary from hotel to hotel and country to country. Hence, it is the passenger’s responsibility to check with the hotel in advance about these policies. Flightsmyway will not be held liable for any charge or damage occurring from the passenger’s inability to check-in or check-out on time.

C. Types of Room

Type of room that the passenger receives on arrival will be dependent on the booking made. Flightsmyway.com will take all measures to ensure the passenger’s request is conveyed to the hotel. However, it is the hotel’s discretion to make provision for the room. Should the room requested be unavailable, the hotel will provide an equivalent quality room. The passenger can in no way hold Flightsmyway liable or responsible should they not receive the room as requested. This matter has to be conveyed to the hotel.

D. Meals

Meals are dependent on the meal plan that the passenger chooses.

All-Inclusive: This meal plan includes accommodation, breakfast, lunch, dinner, and normal drinks like mineral water, sodas, fruit juices, wines and local alcohol. Some alcoholic beverages may not be included and the guest will be billed for the same.

Full Board: This meal plan includes accommodation, breakfast, lunch, and dinner. It does not include any drinks.

Half Board: This meal plan includes accommodation, breakfast and lunch or dinner. In this meal plan there are not drinks included.

In certain countries, drinking water is unavailable. In such cases, if the guest purchases bottled water, it will be at their own expense. It is necessary to comply to the rules, in particular the opening and closing time of restaurants and bars or the places that are designated for meals and drinks.

E. Activities During Stay

All activities may not be appropriate for all ages or certain individuals with health conditions. Flightsmyway.com cannot be held liable in the event of an accident or incident due to lack of care on the guest’s part.

During high season, it is quite possible that the parasols, sports equipment and loungers are insufficient due to high demand. Also, the opening hours of bars, restaurants and clubs can be irregular as they are dependent on the management of those establishments. Flightsmyway will not be liable should any of the activities be unavailable due to these reasons.

Sports activities are organized by an external third party. Any travel costs related to such activities will have to be borne by the guest. Similarly, an organizer has the right to cancel an activity if the demand for it is not high. The guest cannot request for compensation in such circumstances.

The guest acknowledges that the use or enjoyment of an activity can be hazardous and risky. Flightsmyway will not be liable for personal injury or death, lost, stolen, damaged or destroyed property, or any other liability that may arise due to the use or operation of the activity before, during or after the activity.

F. Infants

Parents travelling with infants should carry appropriate food for their child as the same may not be available at the destination. Parents may have to pay for a cot or heating of food and drinks. Request for the same should be made at the time of reservation, but Flightsmyway.com cannot guarantee it.

G. Pregnant Women

Flightsmyway requests pregnant women to comply with the air transport Supplier’s rules and regulations related to pregnant women.

Pregnant women are permitted to fly up to the 28th week of pregnancy without doctor’s report

Women who are 28 to 35 weeks pregnant and expecting one can fly if they have their obstetrician’s approval in writing. After 35 weeks of pregnancy, pregnant women cannot fly even with the doctor’s approval

Pregnant women expecting twins or more can fly if they are 28 to 31 weeks pregnant as long as their doctor gives clearance in writing. After 31 weeks of pregnancy, these women cannot fly even if their doctor gives approval

Pregnant women who are 32 weeks pregnant will not be allowed to fly even with a doctor’s certificate

Pregnant women should get medical clearance from their doctor at least seven days prior to departure

The doctor’s full name, diploma number, and signature should be legible on the medical certificate

H. Travelers With Special Needs and Disabilities

If a traveller has special needs or disability, they must inform the accommodation provider in advance to find out whether their needs can be met at the accommodation. Flightsmyway does not guarantee that the accommodation, activity provider or the facilities advertise will meet a guest’s special needs. Flightsmyway.com does not have any specific knowledge whether any part of the tour or activity offered will be suitable for people with special needs or disabilities. For more information on the suitability of the tour or other activities, guests should get directly in touch with the provider.

Cancellation Policies

Any cancellation should be writing and sent to Flightsmyway.com by email. The email address is info@flightsmyway.com. Cancellations dispatched to any other address will not be processed. Upon doing the booking, passengers acknowledge that they may be imposed a cancellation fee by Flightsmyway and other suppliers. Cancellation are posted on the day when Flightsmyway receives all the relevant cancellation documents as long as these documents are receive before 5:00 pm Pacific Time on a business day. Cancellation received after business hours will be processed the next business days. All cancellations will be confirmed via email after they have been processed.

Travel Protection

Flightsmyway strongly recommends that passengers take out travel insurance. As your travel agent, Flightsmyway has the professional responsibility to recommend purchase of travel insurance to safeguard the passenger and their vacation. Flightsmyway does offer travel insurance through certain insurance providers, but the company does not have the means to compare all policies currently available in the marketplace. This responsible solely rests with the passenger, and Flightsmyway recommends that they do their research well and find a travel insurance coverage that suits the passenger’s individual needs. Flightsmyway’s role is merely to advise passengers about the need for travel insurance.

By not opting for travel insurance, passengers acknowledge and accept any liability arising due to cancellation penalties, damages and out-of-pocket expenses. The passenger also acknowledges and accepts liability for any treatment that may be required during the travel or in case of a medical emergency during travel.

If a passenger declines to purchase travel insurance, they are waiving their right to coverage and there is will a declined remark noted in the travel protection section of the passenger’s travel confirmation. If a passenger has purchase travel insurance, they should confirm its accuracy and inform Flightsmyway so that the necessary changes can be made in the confirmation. If the passenger does not inform Flightsmyway.com, it will be deemed as waiver of travel protection.

Passengers are urged to read and understand the travel insurance policy carefully as it contains important information. This information includes the extent of the coverage and procedures for making claim, besides other details.

Any claim should be directly filed with the travel insurance provider in accordance to their terms and conditions. Passengers should review the terms and conditions carefully when they get their travel insurance. Flightsmyway.com is not an authority to offer advice on cancellation or any claim arising. Any query with regard to cancellation, coverage and penalties should be directed to the insurance provider. Due to privacy laws, the insurance provider will not be in a position to discuss your claim with Flightsmyway.com. Hence, the passenger acknowledges that Flightsmyway cannot participate in any way whatsoever when a passenger makes a claim request. Passenger also acknowledges that Flightsmyway has no control over the travel insurance provider or their decision and as a consequence Flightsmyway.com is not responsible or liable for policy coverage, claims processing or denial of claims.

Agent Intermediary

Flightsmyway.com functions as an intermediary between the customer and suppliers. Flightsmyway does not own or operate hotels, excursions, tours, transportation, cruises, aircraft, insurance companies, attractions or any other travel-related items. Suppliers are the ones who provide the products and services to passengers during their trips and vacations. The passenger acknowledges and agrees that Flightsmyway cannot be held liable or responsible for loss, damage, delay, injury or inconvenience to the passenger or group members due to breach of contract, or criminal wilfull or negligent act or omission by any other person other than Flightsmyway or its direct employees, including, and not limited to, suppliers, agents, servants, representatives or supplier employees.

Supplier has the right to deviate from the direct, customary or scheduled route or itinerary for any reason without prior notice. Passenger acknowledges and agrees that Flightsmyway cannot be held responsible should the supplier deviate, cancel, delay, mandate overnight stays, missed connections or any other condition that is beyond its control. Flightsmyway is not liable for any loss that the passenger incurs due to gambling and is not responsible for purchases made during the trip.

Flightsmyway.com recommends that passengers be in good physical and mental health. They should have the necessary medical approval for travel. Any physical disability should be reported to Flightsmyway at the time of making the initial booking or reservation. This will enable Flightsmyway.com to get in touch with the supplier to inquire about amenities and special accommodation offered.

Passengers should bring their own personal devices, like wheelchairs, walkers and other similar assistive devices. If a customer requires more than minor assistance, the supplier may mandate that the passenger travel with a companion who can provide the necessary assistance to the passenger. Suppliers reserve the right to reject passengers if their physical or mental condition poses a hindrance with the itinerary. Passengers acknowledge that Flightsmyway.com will not be held liable for any claims related to supplier rejecting a passenger due to mental or physical condition.

Flightsmyway takes pride in choose the best quality suppliers, but does not guarantee the fitness or condition of the supplier’s accommodation, food, transportation, drink, medicine or provisions supplied to passengers. Passengers acknowledge that Flightsmyway cannot be held responsible for full or partial refund or any other amount paid to supplier due to unsatisfactory services provided by the supplier. Flightsmyway.com will not be liable for any accident taking place in the hotel, airport, resort, airplane, bus, bus station, train, train station, on board of cruise ship, tenders, shore excursions, or any other mode of transportation during the trip, usage of equipment or any other cause. The passenger acknowledges that they understand the nature and character of the transport and assumes any risk arising due to travel, transportation or handling of baggage and passengers.

Limitation of Liability

Guests assume risk without limitation and agree that Flightsmyway is not responsible for any damage that arises from an act of God, public enemies, arrest, restraint by government or rulers, piracy, war, extortion, revolution, terrorist activity, threatened or actual rebellion, civil unrest, political upheaval, fire, explosion, lockout, riots, collision, weather conditions, dangerous incidents at sea, mechanical or construction difficulties or failure, disease, abnormal conditions, local laws, closure of airport, seaport, hotel, and/or train station, logistical problems of the airline carrier or supplier, computer problems, water or food poisoning, stranding, illness, grounding, perils of sea, river, canals, locks or other water bodies, perils of navigation, theft, accident to or from machinery and boilers, latent defects present at the start of the trip, revolt or desertion by crew, and/or lost, damaged or delayed luggage.

Modification of Terms and Conditions

Flightsmyway.com reserves the right to amend or modify the terms and conditions any time, without prior notice. Hence, passenger should consult the terms and condition before making any booking to ensure they are aware of the terms and conditions.

Just those passengers who have accepted the terms and conditions and indicated their consent have the right to do bookings via Flightsmyway.com. Without this explicit acceptance, booking can be subject to cancellation at any time.

The failure of Flightsmyway to act against breach of the terms and condition by the passenger does not absolve the right of Flightsmyway to act in subsequent or similar breaches in the future. Flightsmyway also does not guarantee that it will take the necessary action against all breaches related to the terms and conditions.

Severability

For any reason the provisions of the terms and conditions are unlawful, void or unenforceable, that particular provision will be severable from this agreement, but it will in no way affect the validity and enforceability of the remaining provisions of the terms and conditions.

Headings

The headings contained in the terms and conditions are for reference and do not affect the scope or extent of each section.

Mandatory Arbitration / Forum / Choice of Law

All parties agree that any dispute arising related to these terms and conditions will be submitted for final and legally binding arbitration in accordance with the Commercial Arbitration Rules laid down by the American Arbitration Association, and shall be governed by the laws of the State of Texas.

The parties agree that any arbitration will take place in Dallas County, Texas, and will be conducted by an arbitrator who is mutually acceptable to all involved parties. The arbitrator shall allow both sides to conduct reasonable discovery on their sole discretion and shall then pass a written reward. The cost of arbitration, including the fees of the arbitrator and the cost of room rental, will be equally divided between the parties involved. Judgment passed by the arbitrator can be entered in any court that has the jurisdiction thereof.

The parties acknowledge and agree that arbitration is the only recourse and no lawsuit can be filed against Flightsmyway.com. If the passenger fails to submit their claim during the course of arbitration and instead opts for a lawsuit, Flightsmyway.com has the right to recover attorney fees and other costs incurred during the enforcement of these terms and condition. This also includes recovering the referable that Flightsmyway.com has to seek for arbitration. Passenger and Flightsmyway.com agree that neither party is entitled to join claims or arbitrate any claim as a class action or representative.

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